UNITED NATIONS SECURITY MANAGEMENT SYSTEM

Transcription

1 UNITED NATIONS SECURITY MANAGEMENT SYSTEM Security Policy Manual Chapter IV SECURITY MANAGEMENT SECTION I Armed Private Security Companies. Date: 08 November 2012

2 UNSMS Security Policy Manual - 1 A. Introduction 1. The primary responsibility for the security and protection of United Nations personnel, their eligible family members and the premises and property of United Nations Security Management System organizations rests with the host Government. In ensuring such safety and security, certain circumstances may arise where armed security services become necessary. When the host Government is unwilling or unable to provide such protection, as determined by the United Nations in consultation with the relevant authorities, armed security services will normally be provided by alternate member States or the appropriate security entity within the United Nations system. 2. On an exceptional basis to meet its obligations, the United Nations Security Management System may use private companies to provide armed security services when threat conditions and programme need warrant it. 3. The fundamental principle in guiding when to use armed security services from a private security company is that this may be considered only when there is no possible provision of adequate and appropriate armed security from the host Government, alternate member State(s), or internal United Nations system resources such as the Security and Safety Services or security officers recruited directly by a mission or through another United Nations Security Management System organization. B. Purpose 4. In circumstances where a United Nations Security Management System organization determines that armed security services from a private security company are required, the engagement and use of such services will be governed by a clear accountability and responsibility framework and clear operational standards and oversight. Further details are stipulated in the accompanying Guidelines on the Use of Armed Security Services from Private Security Companies. 5. The present policy describes the fundamental pillars of the decision-making framework, the assessment process and standards for such decisions. C. Applicability 6. This policy is applicable to all security professionals and managers in the United Nations Security Management System in accordance with Security Policy Manual, Chapter II, Section B, entitled The Framework of Accountability for the Security Management System. 7. This policy applies to the selection, contracting and managing of any armed security services from private security companies by an organization participating in the United Nations Security Management System.

3 UNSMS Security Policy Manual - 2 D. General Policy 8. The objective of armed security services from a private security company is to provide a visible deterrent to potential attackers and an armed response to repel any attack in a manner consistent with the United Nations Use of Force Policy, the respective host country legislation and international law. 9. Armed security services from a private security company may not be contracted, except on an exceptional basis and then only for the following purposes: a. To protect United Nations personnel, premises and property. b. To provide mobile protection for United Nations personnel and property. 10. The details of the services outlined in paragraph 9 above are contained in the accompanying Guidelines on the Use of Armed Security Services from Private Security Companies. 11. The approval of the Under-Secretary-General for Safety and Security must be obtained prior to commencing the process for engaging aprivate security company. E. Security Risk Assessment (SRA) 12. The decision to use armed security services mustbe based upon a specific Security Risk Assessment. 13. The Security Risk Assessment will be conducted in accordance withsecurity Policy Manual, Chapter IV, Section A, Policy and Conceptual Overview of the Security Risk Management Process. 14. The Security Risk Assessmentmust be supported by further analysis and recommendations on the need for an armed security capability and on the most appropriate provider for that capability, as outlined in Section F. 15. Armed security services from private security companies will be considered on an exceptional basis only when the Security Risk Assessmentand supporting analysis and recommendations have concluded that the fundamental principle guiding the use of armed security services from a private security company, outlined in paragraph 3, has been met. F. Roles and responsibility 16. The responsible senior-most security official identified by the Under-Secretary- General for Safety and Security, usually the Designated Official, supported by the Security Management Team, must evaluate any potential negative impacts the contracting of armed security services from a private security company could have on the United Nations system and its programmes. The analysis of the potential negative impacts should encompass, inter alia, the prevailing usage of private

4 UNSMS Security Policy Manual - 3 security companies in the area of operations as well as globally, host country and local community acceptance of armed security services from private security companies and the local history of negative impacts of incidents involving private security companies and their armed security services When the Designated Official and the Security Management Team agree that the use of armed security services from a private security companyis justified, a request for approval must be submitted to the Under-Secretary-General for Safety and Security for consideration. The Executive Heads of the affected agencies, funds and programmes or the head of Department for Secretariat-led field operations must be copied on this request. 18. The request for approval will include the related Security Risk Assessment, explanations of why armed security services cannot or should not be provided by the host Government, alternate member States or internal United Nations Security Management System resources and details of the assessment of the potential negative impacts of engaging armed security services from a private security company. 19. The Under-Secretary-General for Safety and Security shall reply in writing as to whether he/she approves the request for the use of armed security services provided by private security companies. 20. Where approval for the use of armed security services provided by private security companies is granted, at each contract renewal the full approval process must be implemented, including a new assessment of the primary options of host Government, alternate member State or internal United Nations system resources for such provision. G. Selection Criteria for the APSC 21. In cases where the Under-Secretary-General for Safety and Security has approved the use of armed security services from a private security company, companies bidding for the contract must meet the mandatory requirements for possible selection. The mandatory requirements are described in the Guidelines on the Use of Armed Security Services from Private Security Companies. 22. The selection of the armed security services from a private security company shall be undertaken in accordance with the applicable United Nations Security Management System organization s rules and regulations, from those companies that meet the requirements stipulated in paragraph 21 above. 1 For examples of the humanitarian considerations in this analysis, reference should be made to IASC Guidelines on the Use of Armed Escorts for Humanitarian Convoys, found at: [web link to be provided].

5 UNSMS Security Policy Manual - 4 H. Screening Requirements for the Personnel of the APSC selected 23. The private security company wishing to provide armed security services to an organization participating in the United Nations Security Management System shall confirm to that organization, in writing, that the mandatory screening process for its personnel, as outlined in the Guidelines for Armed Security Services from Private Security Companies has been conducted and that only personnel who meet the mandatory requirements will be used to provide armed security services to the United Nations Security Management organization in question. I. Use of Force, Weapons Manual and Standard Operating Procedures 24. Any private security company wishing to provide armed security services to an organization participating in the United Nations Security Management System is required to develop and implement: a. Its own Use of Force Policy consistent with the applicable national laws of the State in which the services are to be provided and, to the extent consistent with the applicable national law, with the United Nations Use of Force Policy as found in Security Policy Manual, Chapter IV, Section H (which shall be made available to the private security company for reference). However, the Use of Force Policy of the private security company must be as or more restrictive than the United Nations Use of Force Policy. The private security company s Use of Force Policy shall not be less restrictive than the United Nations Use of Force Policy. In addition, the private security company s Use of Force Policy shall be consistent with the International Code of Conduct for Private Security Service Providers 2 ; b. Its own firearms management procedures and Weapons Manual consistent with the applicable national laws of the State in which the services are to be provided and, to the extent consistent with the applicable national law, with the United Nations Department of Safety and Security Manual of Instruction on Use of Force Equipment, including Firearms (which shall be made available to the private security company for reference). However, the private security company s Weapons Manual must be as or more restrictive than the United Nations Department of Safety and Security Manual of Instruction on Use of Force Equipment, including Firearms. The private security company s Weapons Manual shall not be less restrictive than the United Nations Department of Safety and Security Manual of Instruction on Use of Force Equipment, including Firearms. In addition, the private security company s firearms management procedures and Weapons Manual should also be consistent with the International Code of Conduct for Private Security Service Providers; 2 See

6 UNSMS Security Policy Manual - 5 c. The necessary standard operating procedures for the implementation of the contract in consultation with the United Nations Security Management organization involved. J. Training Requirements to be met by the Private Security Company 25. The private security companyis required to ensure that its personnel have the requisite skills and experience to perform the services in accordance with the contract and the standard operating procedures (see paragraph 24(c) above). 26. Before commencing the provision of services to the United Nations Security Management System organization in question, the private security company must provide a written certification to that organization that each of the company s personnel has undergone the above training and demonstrated the necessary level of skill. K. Management and Oversight 27. The day-to-day management of the contract is the function of the United Nations Security Management System organization that has engaged the private security company, and that organization shall provide a daily on-site inspection of the private security company. 28. In circumstances where a private security companyis hired to provide armed security services to acommon United Nations facility or a common United Nations operation, it is the responsibility of the senior-most security professional directly supporting the Designated Official 3 to: a. Ensure that the on-site inspection of the private security company is completed; b. Ensure that a monthly review of the performance of the private security company is also completed; c. The on-site inspections and the monthly review may be delegated to members of the Security Cell, but the senior-most security professional directly supporting the Designated Official will remain accountable for their completion. 29. The senior-most security professional directly supporting the Designated Official, and the official of the contracting organization, must immediately submit a joint report of any performance issues or concerns identified, along with recommended remedial action, to the Designated Official and the Country Representative of the organization concerned for approval. 3 For the purposes of this policy, this is the Chief Security Adviser (CSA), Security Adviser (SA), Chief of Security and Safety Services, or their respective officer-in-charge ad interim.

7 UNSMS Security Policy Manual - 6 L. Training and Compliance 30. This policy is to be part of the training for Designated Officials, Security Management Team members, security professionals and managers in the United Nations Security Management System organizations who have responsibility and accountability for managing security for their organization. M. Utilization of Common Security Funding for Armed Private Security Companies 31. In instances where armed security services from private security companies are funded through the local Common Security Budgets (CSB), a specific budget line indicating the amount for these services must be included in the local security cost shared budget. N. Enforcement 32. United Nations personnel that fail to abide by the terms of this policy may be subject to administrative measures. O. Final Provisions 33. This policy is to be made availableto all United Nations personnel. 34. This policy enters into effect on 08 November Annex O of the Field Security Handbook is hereby abolished.